McLaughlin v Thomas McCartney [2011] NIIT 01929_10IT (05 April 2011)

McLaughlin v Thomas McCartney [2011] NIIT 01929_10IT (05 April 2011)

The claimant, having been employed for 13 years and dismissed by reason of redundancy without notice or pay in lieu, was entitled to 12 weeks’ notice pay as per Article 118(1)(c) of the Employment Rights (Northern Ireland) Order 1996. The award was adjusted to reflect 12 weeks rather than 13.

Citation
[2011] NIIT 01929_10IT
Parties
Claimant: Paul McLaughlin; Respondent: Thomas McCartney
Jurisdiction
Northern Ireland
Judgment Date
05 April 2011
Procedural Posture
Employment Tribunal / Final Decision
Outcome
claim allowed
Legal Topics
Notice Pay, Redundancy, Dismissal, Statutory Notice Period
Employment Law Notice Pay Redundancy Dismissal Statutory Notice Period

Case Brief

Summary, issues, holding and outcome

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Parties

Paul McLaughlin

Claimant

Thomas McCartney

Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was entitled to notice pay upon dismissal by reason of redundancy
  2. 2 Whether the correct statutory notice period was applied

Ratio Decidendi

The claimant, having been employed for 13 years and dismissed by reason of redundancy without notice or pay in lieu, was entitled to 12 weeks’ notice pay as per Article 118(1)(c) of the Employment Rights (Northern Ireland) Order 1996. The award was adjusted to reflect 12 weeks rather than 13.

Court Disposition

claim allowed

Orders

  • Respondent to pay claimant £3,180 in respect of notice pay.